Construction Above Flat – Newborn Baby – Can I End Tenancy Early?

Tenant Discussion
1

Hi all,

I’m currently renting the top floor flat in a block. scaffolding went up, and soon major construction will be starting directly above us — they’re building an extra floor on top of the building. The noise is already extremely disruptive, and I have also witnessed several times the workers disregard for safety, routinely throwing objects from the roof to the ground below, this doesn’t seem like a safe environment to me at all, especially with the amount of kids around (in the summer hols!). The workers sound foreign and I have yet to hear any of them speak in English. We do not feel safe at all in this environment.

To complicate matters, my wife has just given birth. The level of disruption, and dust that is bound to follow soon, makes the flat feel unsuitable and even unsafe for a newborn. It is also having a significant impact on my wife’s recovery, with sleepless nights and no respite by day.

We were not informed in advance about these works. I’ve since spoken to flat-owning neighbours who were given notice, but nothing was communicated to us as tenants. I’ve raised this with the letting agent (who manages the property for the landlord). They claimed they only found out themselves when the works started, but I don’t think that absolves them — they’re still the landlord’s representative.

Our tenancy agreement runs until December 2025. The agent says there’s no break clause, but there definitely is (2 months’ notice). We’ve now formally exercised that break clause. However, given the circumstances (newborn + unsafe construction + no prior notice), I feel it’s reasonable to request an earlier release.

The agent’s current stance is: we can only be released early if we find a replacement tenant, they pass referencing, and we pay for a professional clean. I don’t feel this is a fair or adequate solution, considering the communication failure and the fact the property is no longer reasonably habitable.

Has anyone dealt with a similar situation? What rights do we realistically have here, and how far can we push for an early termination without penalties? Does this constitute a breach of our right to quiet enjoyment of the property?

Thanks in advance for any advice.

2

There are other things you can do, although some of them depend on other factors, such as how long you’ve lived there and whether the works were planned and communicated to leaseholders before you moved in. I would suggest you get advice from Shelter or the CAB who will be able to go into more depth with you.

3

Thanks for your reply. I’ve lived in this flat for close to 5 years, prior to which I lived in another flat in the same block for 3 years. I’ve now seen the communication that was sent to other leaseholders several weeks ago and see no reason why my landlord/agent shouldn’t have received the same and been able to communicate that to me. I could’ve at least activated the break clause sooner had they done so.

4

Given what youve said, I’d try to negotiate. It sounds like something outside the landlords control so I’m not sure there is much more you can do legally.

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